Back
ALOK KUMAR VERMA
SANJANA SHARMA @ MONA SHARMA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Hon'ble Alok Kumar Verma, J.
This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR No.238 of 2020, registered with Police Station Ramnagar, District Nainital for the offence punishable under Sections 328, 341 of I.P.C. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012.
2. On 26.05.2020, an information was given by the informant to the Police Station Ramnagar, District Nainital alleging that her son, aged about 16 years, had gone to the locality in the evening on 20.05.2020 for some work, but he did not return home. He was searched. The next day, after being told by a lady of the locality, she found her son unconscious on the roof of the present applicant. Her son told her that the present applicant had called him and had given him some intoxicant. He fainted as soon as he smelled that object. Her son was abducted and sexually assaulted by the present applicant.
3. Heard Mr. B.M. Pingal, the learned counsel for the applicant and Mr. Pratiroop Pandey, the learned A.G.A. assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State.
4. Mr. B.M. Pingal, the
Grant of Bail - Offence of Kidnapping and Rape - Bail is rule and committal to jail is an exception. Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of....
Bail is the rule and committal to jail is an exception, and refusal of bail is a restriction on the personal liberty guaranteed under Article 21 of the Constitution of India.
The court has the discretion to grant bail based on the circumstances of the case, including the support of the prosecution's case and the criminal history of the applicant.
The lack of support from the victim and the informant during the trial can be a significant factor in the court's decision to grant bail, even for serious offences.
The main legal point established is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure their attendance, no....
The court may grant bail based on the nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
The court considered the consent of the prosecutrix and her father, the solemnization of marriage between the applicant and the prosecutrix, and the possibility of delay in the conclusion of the tria....
Grant of Regular Bail - Offence of Kidnapping, abducting or inducing woman to compel her marriage, etc - Bail is rule and committal to jail is an exception - No reason to keep applicant behind bars f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
